It is not  the Town Hall property registry, it is not a census,  it is not a cadastre, it is not a list... is the ultimate authority on ownership and real estate rights in Spain. 

Fountain and orange trees by Kenneth Iriarte at Flickr.com

I have read part of Covey´s 7 habits and Steven Schaffer, a member of the Costaluz team is very much inspired by it and its author, Stephen R. Covey who delivered a lecture in IESE last autumn where he  gave four keys to move to the new organizational paradigm:

 We had a 1and1/2 h team breakfast today in Costaluzlawyers under the sun of a small plaza ( Plaza Neda) in Algeciras, it is Friday and springtime is here, so we had to celebrate life´s simplicity and greatness with a good under-the-sun team breakfast. It was not planned, that is how most of the social events happen in South Spain:  what  it actually  really happens is that almost everything, everyday is a social event in Andalucia.

We chatted a while about Cadiz idiosyncracy in contrast with other more eastern parts of Andalucia. Mar Durio, who is originally from Cadiz  town told us how in the last economic crisis ( the 90´s one), bars and social places in Cadiz were still crowded and alive and people wondered why crisis was not affecting those businesses.

We concluded that we are happy just with a " caña" ( small beer:1 €) but  just being outside talking to people ( there is a lot of outside and a lot of people always around, waiting for friendly and funny conversation...... so, what else?

We were also commenting on the need of small business stores and shops to keep their own  essence and personality in order to survive against big commercial malls in the outskirts of cities and towns and  against online-shopping.

Free markets are always a source of  available  good price creation and recreation.... . not too much quality always but still a good deal of it  if you learn to look and find and... moreover: who wants to wear the same trousers for more than 2-3 years?

Commercial centers: too much for the body and... the soul. We do not need that much: please do not bother, we are looking for some week-end rest.

I love these Friday breakfasts... I really do and need to touch the just-personal side of the team... it is very refreshing.

Have a peaceful and personal weekend,

Maria

www.costaluzlawyers.es

Conversing by Perico Terrades at flickr.com

Andalusian whitewashed facade

Information obtained from the UN´s International Labour Organisation 

Government Programmes in Spain - Women’s Institute

The Women’s Institute offers the following employment programs for women:

Vocational Training and Education for Women:

a. “NOVA” – Innovative Training Courses for Women

i) Management and Planning of Human Resources
ii) Management of the Environment
iii) New Communication Technologies
iv) Administrative Information Technology
v) Graphic design and Layout
vi) Facilitating training for the elderly
vii) Family mediation
viii) Agent for Equal Opportunity
ix) Nurse’s helper with training in Alzheimer’s

b. “CLARA” – Programs for Women in the process of social or labour integration
c. Courses for Professional Occupational Training
d. Seminars for Orientation on Job Searches

Support Programs to Encourage Business

a. Program for Support for Business and Women – financed by the Fundo Social Europeo and the National Institute for Labour

b. Program for Help in Work “Female Entrepreneurs”- co-financed by the Fondo Social Europea across the Marcos Comunitarios de Apoyo.

c. Program for Management Directed by Businesswomen and Female Entrepreneurs – a collaboration between the Fundación INCYDE (Instituto Cameral para la Creación y Desarrollo de la Empresa) and cofinanced by the Fondo Social Europeo.

d. Program of Business Management Training- a collaboration between the Instituto de la Mujer con la Fundación Escuela de Organización Industrial (EOI)

e. Programs for Financing and Protecting Businesses
 

f. OPTIMA Program – Profitability of human capital in businesses.Considered Best Practice by EU Its objective is to introduce equal opportunities for men and women in the business world given the Action Plans

Programmes aimed at Labour Officials and technical personnel

Sensitisation and Dissemination Programmes

Other

a. PROMOCIONA project for local systems of equality of opportunity – created by the Institute for Women – executed jointly until 12/04 by the Servicio Galego de Igualdade, la Dirección General de Formación del Principado de Asturias, la Fundación Asturiana de Atención a Personas con Discapacidad (FASAD), el IMSERSO, la Organización de Mujeres Empresarias y Gerencia Activa (OMEGA) y la Federación de Empresarias de Galicia (FEGA), la Universidad de Oviedo y la Fundación para la formación, la Cualificación y el Empleo en el Sector del Metal de Asturias.

b. OMEGA : Courses in training for women
Conciliation of private and personal life, managing work teams, effective presentations, Social manner and communication

c. Since 1990 there has been an agreement that the Institute for Women's Issues in the
Ministry of Social Affairs will cooperate with the Ministry of Education in holding an annual course to encourage the involvement of women teachers in the new technologies, a field in which women are under-represented.

d. In addition, the regional Catalan Institute for Women promotes the pilot programme called Don@euromediterrània project, which has the goal of providing an opportunity for the visualisation and diffusion of significant experiences of good practice in equal opportunities, while at the same time generate and promote a greater interchange of ideas and information in this field. The website presents a collection of gender equality projects undertaken during the period 1996-2000 within the partner countries of Spain, France and Italy, based around five thematic areas:

i) Mainstreaming integration;
ii) Equal opportunities in education, professional training and the job market;
iii) The harmonization of professional and family life;
iv) The entrepreneurialism of women;
v) Decision making at all levels.

e. Institut Català de la Dona.

Tax on motor vehicles is a direct tax, established in Spain, municipally owned, mandatory and which management is fully carried out by Local Councils.

It is a tax levied on ownership of motor vehicles, which are suitable for circulating in public roadways

The regulation of this tax is in the Local Treasures Act. (Real Decreto Legislativo 2 / 2004 of March 5).


The classification of a vehicle as being suitable for roadways circulation is dependant on being registered in the corresponding registry. Collection or antique units are not levied by this tax.

Coches de caballo in Seville

Sunset in Barrosa beach ( Chiclana). By Josep.Abad at  Flickr.com. These setting suns were inspiration for our Costaluz logo.

Has any of you read this book? Male? Female?

                                        Have a great Tues-day!

                                        Maria

By Maria L. de Castro

web@costaluzlawyers.es

www.costaluzlawyers.es

The Spanish Congress passed on March 2007, the Effective Equality of Women and Men Act. This Law, among other measures, allows for the extension of paternity leave to 13 days, in addition to the two that were granted, which can be extended to a month in a six years period.

One of the most common problems within Insurances is when the insured has “non conformance” with the report on the accident made by the Insurer´s surveyor.

In many occasions, the compensation valued by the Insurer’s surveyor is not enough and in other occasions, the Insurer considers the incident not being covered by the Insurance.

Legal and judicial proceedings might be needed then:

The procedure begins with the appointment of an expert by each party. Those experts might reach an agreement which will be exposed in a joint report which shall state the grounds of the incident, the assessment of damages, other circumstances that affect the determination of compensation, depending on the insurance in question and the liquid amount of compensation.

If there is no agreement among experts, both parties shall appoint a third expert or it will be named by the corresponding Judge of First Instance

How to act in case of an insured incident:

The holder, insured or beneficiary of the Insurance policy must report the accident to the insurance company within five working days, stating the circumstances and consequences of the accident.

Once the accident is reported to the insurer, the Company will send an expert for the analysis and evaluation of the incident. After the valuation by the expert, the insurer must pay the agreed compensation, repair or replace the insured object.

The Insurance Company is required to pay at least the minimum amount within forty days of being notified of the incident and to complete the payment within three months from that date.

If the insurer fails to pay the compensation within a period of three months, the possibility for judicial request of the amount is open: this claim will comprise the assessed amount, plus legal interests plus compensation for the damages that this delay may cause.

By Maria L. de Castro

web@costaluzlawyers.es

www.costaluzlawyers.es

Zahara de los Atunes beach by Iman Dryke




 

Ask your Spanish bank if they have got a good deal for a house in Spain.

The contract can be cancelled by either party.

Homeowner's insurance (Part I)

For your information,from Bank of Spain´s website ( www.bde.es)

Complaints Service. Purpose and functions

How it works

The function of the Complaints Service is to receive and process customer complaints about specific transactions of credit institutions subject to the Banco de España's authority. Claims against currency-exchange bureaux which, in addition to buying foreign banknotes or traveller's cheques, are also authorised to sell or transfer them abroad, are likewise addressed. The Complaints Service acts whenever the foregoing activities involve the possible infringement of norms of discipline or good banking practices and conduct. Complaints are processed free of charge.

The organisation and functioning of the Complaints Service are regulated under the Ministerial Order dated December 12th 1989 (Official State Gazette of December 19th) implemented by the Banco de España Circular 8/1990 of September 7th (Official State Gazette of September 20th).

Who can lodge a complaint?

Any individual or company that is a customer of a credit institution can lodge a complaint concerning concrete transactions that affect them.

Prior procedures

Before the Service can receive or process a complaint, the interested party must present evidence that the complaint has already been lodged in writing with the customer complaints department, or its equivalent, of the credit institution in question. This department must provide written evidence of receipt of the complaint presented.

If the customer complaints department refuses to handle the complaint (on grounds that must be justifiable), if the customer does not consider the solution given to be satisfactory, or if the complaint is not resolved within two months of its presentation, the interested party can then file a complaint with the Service.

For this purpose, an institution or group of institutions is considered to have established (or to be formally committed to) an institution or department created for the purpose of safeguarding the rights and interests of its customers, having notified the Banco de España to this effect.

Causes of Complaints

Infringement of the norms of discipline or good banking practices and customs.

Disciplining regulations: These are laws and administrative provisions of a general nature that contain precepts specifically relating to credit institutions, which are obliged to observe them. Among these provisions are both those approved by State bodies or, where appropriate, by the Regional Governments with responsibility for this area, and the Circulars approved by the Banco de España, under the terms envisaged in the Law dated 29th July 1988 on the Discipline and Intervention of Credit Institutions.

Banking customs: These refer to commonly accepted trade and banking customs.

Good banking practices: These refer to practices that do not figure in disciplinary norms or constitute banking customs but which can be reasonably required for the responsible, diligent and respectful running of banking business.

The Complaints Service does not handle complaints relating to matters of business policy (the denial of a loan, for example) or those falling within the jurisdiction of the system of justice. Nor does the Service evaluate any possible damages or order the payment of any pertinent amounts.

Likewise, the Service does not accept complaints that are subject to legal proceedings or court litigation. Nor does it accept complaints lodged by the customers of credit institutions that refer to transactions or events dating back more than five years.

How to lodge a complaint

It should be submitted in writing and include the following information:

• Name, surname and address of the interested party and, if applicable, the same data of the person representing the party and authorisation to this effect. National identity card number (DNI) in the case of individuals, and public registry data in the case of companies.
• Corporate name of the firm referred to in the written complaint, and the office or offices where the events that gave rise to the complaint occurred.
• Description of the events, reasons and request, specifying clearly the matters for which a resolution by the Service is sought, expressly stating that these matters are not the object of any legal litigation.
• Documentary evidence of the complaint's prior presentation to the customer complaints department (if such exists) of the institution in question and, if applicable, the refusal to accept the complaint or the solution given.
• Place, date and signature.

The interested party should also present documentary evidence in support of the complaint lodged.

Processing the complaint

On receipt of the complaint, the proceedings begin. If the identity of the interested party or the institution affected is not sufficiently clear, the events that caused the complaint are unclear, or no evidence is presented that the complaint has already been lodged with the customer complaints department, the party signing the request will be asked to furnish this information within a period of ten days.

Before the proceedings are concluded, the institution in question must be heard. The institution has 15 days to respond to any questions, after which, if these questions are left unanswered, the proceedings can continue.

As a general rule, the proceedings conclude with a reasoned report. It must contain clear conclusions, stating whether the events in question indicate an infringement of the norms of discipline and whether the institution has acted in keeping with good banking practices and customs. The report has no executive attributions.

Effects of the complaint

If the credit institution acts on the report and rectifies its situation with the party who lodged the complaint, as indicated in the conclusions, it should notify the Banco de España within one month of receiving the report, and the case is then closed. If no such notification is received in this period, the proceedings will be included in the records for any legal effects that may be in order.

If it is deduced that the institution's conduct represents an infringement of the norms of discipline or indicates criminal conduct, a tax offence, violation of regulations on foreign exchange, consumption or fair trade, among others, the Legal Services will notify the Executive Commission of the Banco de España to this effect.

Moreover, in the event the parties settle or abandon the action, irrespective of the responsibilities of a disciplinary or other nature that may be appropriate, the Complaints Service is authorised to present to the institution any recommendations it considers pertinent.

As stated, the reports of the Complaints Service are not binding for institutions, and nor may appeals be made against them.

Address of the Complaints Service

Banco de España
Servicio de Reclamaciones
Alcalá, 48, 28014 Madrid
Telephones: 913 385 068 and 913 385 851

Annual Report

Every year the complaints service publishes a report including a statistical summary of the cases processed; the description of the complaints the processing of which has concluded in favour of the claimant, expressing the criteria justifying the rulings, the institutions concerned and the infringements or improper practices in question; a summary of the criteria applied in rulings favourable to credit institutions, when they are of general interest to the public; and a summary of the complaints where, owing to acceptance of the claim by the defending institution or abandonment of action, no report has been delivered.

An electronic edition of the latest Annual reports is available on this site ( www.bde.es).

By Maria L. de Castro

web@costaluzlawyers.es

www.costaluzlawyers.es

 Cadiz by night. Cabezadeturco at Flickr.com

One commun question by my clients when they are granting to me power of attorney in the UK is : What is that of the Hague Apostille? It was time for me to introduce you to a good explanation of this.

The Hague Convention abolished the requirement of legalisation for foreign public documents on the 5th in October of 1961 and this convention entered into force on the 24th in January of 1965.

Which documents need to be apostilled?

Public documents emanating from an authority or official, such as:

- Documents from a court or tribunal of the State (including documents issued by an administrative, constitutional or ecclesiastical court or tribunal, a public prosecutor, a clerk or a process-server);

- Administrative documents;

- Notarial acts;

- Official certificates which are placed on documents signed by persons in their private capacity, such as official certificates recording the registration of a document or the fact that it was in existence on a certain date and official and notarial authentications of signatures.

Which documents are apostilled in practice?

Birth, marriage and death certificates; extracts from commercial registers and other registers; patents; court rulings; notarial acts and notarial attestations of signatures; academic diplomas issued by public institutions.

The provisions of the Convention do not specify whether Apostilles should only be issued for original public documents or whether they may also be affixed to certified copies of public documents. However, in light of its practical importance, this question was expressly addressed by the 2003 Special Commission (SC). The Conclusion / Recommendation N° 11 of the meeting reads as follows: "Regarding the application of an Apostille to a certified copy of a public document, the SC concluded that Article 1 of the Convention applies. Individual States, however, may decline to issue an Apostille to the certified copy of a document on the grounds of public policy".

More information can be found at the official website of the Hague Convention, including the full text of the Hague Convention on Apostille.

By Maria L. de Castro

web@costaluzlawyers.es

www.costaluzlawyers.es

 Caños de Meca ( Cadiz). By cabezadeturco at Flickr.com